Coroners and Justice Act 2009

Prospective

The following is the Schedule to be inserted as Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (c. 23)—

Schedule 1AE+WRelevant offences for the purposes of section 17

Murder and manslaughterE+W

1Murder in a case where it is alleged that a firearm or knife was used to cause the death in question.

2Manslaughter in a case where it is alleged that a firearm or knife was used to cause the death in question.

3Murder or manslaughter in a case (other than a case falling within paragraph 1 or 2) where it is alleged that—

(a)the accused was carrying a firearm or knife at any time during the commission of the offence, and

(b)a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

Offences against the Person Act 1861 (c. 100)E+W

4An offence under section 18 of the Offences against the Person Act 1861 (wounding with intent to cause grievous bodily harm etc) in a case where it is alleged that a firearm or knife was used to cause the wound or harm in question.

5An offence under section 20 of that Act (malicious wounding) in a case where it is alleged that a firearm or knife was used to cause the wound or inflict the harm in question.

6An offence under section 38 of that Act (assault with intent to resist arrest) in a case where it is alleged that a firearm or knife was used to carry out the assault in question.

7An offence under section 47 of the Offences against the Person Act 1861 (assault occasioning actual bodily harm) in a case where it is alleged that a firearm or knife was used to inflict the harm in question.

8An offence under section 18, 20, 38 or 47 of the Offences against the Person Act 1861 in a case (other than a case falling within any of paragraphs 4 to 7) where it is alleged that—

(a)the accused was carrying a firearm or knife at any time during the commission of the offence, and

(b)a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

Prevention of Crime Act 1953 (c. 14)E+W

9An offence under section 1 of the Prevention of Crime Act 1953 (having an offensive weapon in a public place).

Firearms Act 1968 (c. 27)E+W

10An offence under section 1 of the Firearms Act 1968 (requirement of firearm certificate).

11An offence under section 2(1) of that Act (possession etc of a shot gun without a certificate).

12An offence under section 3 of that Act (business and other transactions with firearms and ammunition).

13An offence under section 4 of that Act (conversion of weapons).

14An offence under section 5(1) of that Act (weapons subject to general prohibition).

15An offence under section 5(1A) of that Act (ammunition subject to general prohibition).

16An offence under section 16 of that Act (possession with intent to injure).

17An offence under section 16A of that Act (possession with intent to cause fear of violence).

18An offence under section 17 of that Act (use of firearm to resist arrest).

19An offence under section 18 of that Act (carrying firearm with criminal intent).

20An offence under section 19 of that Act (carrying firearm in a public place).

21An offence under section 20 of that Act (trespassing with firearm).

22An offence under section 21 of that Act (possession of firearms by person previously convicted of crime).

23An offence under section 21A of that Act (firing an air weapon beyond premises).

24An offence under section 24A of that Act (supplying imitation firearms to minors).

Criminal Justice Act 1988 (c. 33)E+W

25An offence under section 139 of the Criminal Justice Act 1988 (having article with blade or point in public place).

26An offence under section 139A of that Act (having article with blade or point (or offensive weapon) on school premises).

Violent Crime Reduction Act 2006 (c. 38)E+W

27An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon).

28An offence under section 32 of that Act (sales of air weapons by way of trade or business to be face to face).

29An offence under section 36 of that Act (manufacture, import and sale of realistic imitation firearms).

GeneralE+W

30A reference in any of paragraphs 1 to 8 to an offence (“offence A”) includes—

(a)a reference to an attempt to commit offence A in a case where it is alleged that it was attempted to commit offence A in the manner or circumstances described in that paragraph,

(b)a reference to a conspiracy to commit offence A in a case where it is alleged that the conspiracy was to commit offence A in the manner or circumstances described in that paragraph,

(c)a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed in a case where it is alleged that the person intended or believed offence A would be committed in the manner or circumstances described in that paragraph, and

(d)a reference to aiding, abetting, counselling or procuring the commission of offence A in a case where it is alleged that offence A was committed, or the act or omission charged in respect of offence A was done or made, in the manner or circumstances described in that paragraph.

31A reference in any of paragraphs 9 to 29 to an offence (“offence A”) includes—

(a)a reference to an attempt to commit offence A,

(b)a reference to a conspiracy to commit offence A,

(c)a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and

(d)a reference to aiding, abetting, counselling or procuring the commission of offence A.

InterpretationE+W

32In this Schedule—

  • firearm” has the meaning given by section 57 of the Firearms Act 1968;

  • knife” has the meaning given by section 10 of the Knives Act 1997.